6.—(1) Persons described in Part I of Schedule 1, with the exception of persons described in Part II of that Schedule, are, subject to paragraph (2), specified by the Department for the purposes of Article 50(1).
(2) The board which shall be under a duty to make an award to a person entitled to the payment of an award by virtue of Article 7(2), (3) or 12 of the Council Regulation shall be—
(a)the board in the area of which the person was last resident during the period of two years preceding the relevant day;
(b)if sub-paragraph (a) does not apply, the board in the area of which the institution providing the person’s course is situate.
(3) A board shall not be under a duty to make a transitional award in respect of a person’s attendance at a course if it is satisfied that no amount would be payable in pursuance of the award if it was made.